what do you do if
04-12-2012, 03:03 PM
#91
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Join Date: Mar 2007
Location: Here and there
Posts: 1,669
Follow this idea that a designer can decide what a consumer can do with an item made from his/her design to the farthest conclusion you can think of. Suppose you buy a blue Ford 150--obviously a design owned by Ford--and suppose Ford tells you that you can't haul fertilizer in it. Suppose you design a yard stick with baby skunks printed on it and try to tell those who buy them that they can't put a hole in one end, tie a leather lanyard on it, and resell it?
The idea that someone who designs a raw material can tell the people who buy that raw material and turn it into an end product that can be sold is logically ludicrous. froggyintexas
The idea that someone who designs a raw material can tell the people who buy that raw material and turn it into an end product that can be sold is logically ludicrous. froggyintexas
Originally Posted by nycquilter
so, scissor queen, you're saying that my work is my work and I can sell it even if the designer states otherwise on her pattern?? that seems counter-intuitive to me but I do like the answer. I have also seen patterns where the designer says only 10 (for example) can be sold and if you want to sell more, you need to contact the designer for permission. I tend always to do what they say (I may be oppositional, but am ultimately compliant --8^D )
04-13-2012, 10:07 AM
#92
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Join Date: Aug 2010
Location: Delmarva Peninsula
Posts: 1,151
I think that there are 2 distinct questions that I have - and I am not a lawyer - but, I have always thought that a design has to formally copyrighted (and then has the right to use the copyright symbol) to dictate exclusive ownership. Is this Right?
Then is my next thought/statement right?
Just because someone who creates a design pattern or fabric (and somewhere along the line the design is plagerized as I don't think there is a new quilt design that someone hasn't already done) and says that you can't copy or reproduce or sell something that you "created" from her/his pattern gives legal or moral ground to just her wishes. They did not make the effort to copyright their pattern/design legally.
Then is my next thought/statement right?
Just because someone who creates a design pattern or fabric (and somewhere along the line the design is plagerized as I don't think there is a new quilt design that someone hasn't already done) and says that you can't copy or reproduce or sell something that you "created" from her/his pattern gives legal or moral ground to just her wishes. They did not make the effort to copyright their pattern/design legally.
Last edited by nhweaver; 04-13-2012 at 10:09 AM.
04-13-2012, 11:28 AM
#93
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Join Date: Jan 2009
Posts: 4,688
Originally Posted by nhweaver
I think that there are 2 distinct questions that I have - and I am not a lawyer - but, I have always thought that a design has to formally copyrighted (and then has the right to use the copyright symbol) to dictate exclusive ownership. Is this Right?
In other words, if someone duplicates your pattern directions word for word, they have violated your copyright, but you only have legal recourse if you registered it. The law was broken either way.
11-19-2012, 08:21 PM
#95
Senior Member
Join Date: Feb 2012
Location: Indiana
Posts: 880
Originally Posted by Lori S
I agree completely. Recent litigation on this issue has been on the side of the person who purchased the pattern.
One pattern designer--not quilt patterns--but something else....she used to have such a nasty tone on her website about the copy right....I will never buy another of her patterns. On her website she has really toned it down but still says we cannot sell products we make from her patterns. She sure left a nasty taste in my mouth. It was not even the restrictions...it was her tone. And it was not just me...several other mentioned it which is why I went and looked.
I totally agree that they have the right to expect us not to copy their patterns...that is their work and livelyhood. I just do not think they have the right to tell us what we can do with what we make from the pattern. Not that I ever sell anything anyway.
11-20-2012, 12:03 AM
#96
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Join Date: Jun 2010
Location: England Alton Towers
Posts: 6,674
Surely on some patterns it says for personnel use only and may not be copied or reproduced. These patterns when made up can we sell or make with other people at classes? I 'm confused and does this only apply to USA as I live in uk and purchase many patterns from other countries ie aus and nz .?
11-20-2012, 04:39 AM
#97
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Join Date: Feb 2011
Location: Central Florida
Posts: 1,465
nycquilter you are not employed in law enforcement, are you? You do not have a personal relationship with the designer, do you? You have so reason to get involved. I admire your loyalty and sense of offense, but you have no responsibility, nor grounds to get involved. Everyone needs to have loyal people like you around them. Thank you for being you!
11-24-2012, 05:20 AM
#98
Junior Member
Join Date: Jul 2009
Location: Metro West, Massachusetts
Posts: 254
nycquilter thanks for this post. It certainly raises some very interesting questions. The whole intellectual property issue has intrigued me as we are doing more with computers, file sharing etc.. I would love to hear a lawyers thoughts! how many of us seen quilts at shows, taken photos and then done our best to copy them. what about music and where we get that. Thanks for a thought provoking topic!
11-24-2012, 05:30 AM
#99
Super Member
Join Date: May 2008
Location: Louisiana
Posts: 6,764
Originally Posted by ghostrider
No matter what your position on the "legality" of the designer's statement, why on earth would you go out of your way to confront a seller at a craft show and virtually accuse them of stealing from the designer? What a hurtful thing to do! Re-read some of the threads posted here by members who have had the quilt police criticize them for one reason or another and see how such actions affect people. You did the right thing...walked away.
11-24-2012, 07:09 AM
#100
Super Member
Join Date: Aug 2010
Location: S. W. Indiana
Posts: 7,484
Originally Posted by homebody323
When your husband says you can't spend his money on fabric do you "mind" him. These designers who feel they can rule the world of quilting burn my butt. I buy a product, I use it in my own fashion and I'm not going to mass produce anything with any of their tools or designs. Just because they say we can't sell a quilt we made for ourselves or whatever doesn't mean it's the law. Pretty "ballsy" of them to think they can dictate to the rest of us. I'm obviously wound for sound this morning. Need to stop venting and get to work. I apologize to those of you who disagree with me and thank those of you who agree for letting me blow my cork.
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